Amount of Liquidated Damages. If the Design/Builder fails to achieve Substantial Completion of the Work on or before the date of Substantial Completion set forth in the Schedule, as adjusted, for any reason other than Excusable Delays, the Design/Builder shall pay to the Owner liquidated damages in the amount of Two Hundred Dollars ($200.00) per Day for each Day the date of Substantial Completion is delayed beyond the date of Substantial Completion set forth in the Schedule. To the extent the Owner takes occupancy of the Project and begins using the Project for the purpose for which it was intended after the scheduled date of Substantial Completion, during the period commencing on the date of use and ending on the date of Substantial Completion, the Design/Builder shall be liable for the lesser of (I) the increased costs of use of the Project and lost net income attributable to incomplete Work or (ii) the daily rate set forth above. Payment of liquidated damages shall be made contemporaneously with the Owner's required payment to the Design/Builder at Substantial Completion, and such payments may be offset against each other.
Amount of Liquidated Damages. Applicable liquidated damages are the amounts established in the following schedule: Original Contract Amount Daily Charge Per Calendar Day $50,000 and under $956 $50,000.01 to $249,999.99… $964 $250,000 to $499,999.99… $1,241 $500,000 to $2,499,999.99… $1,665 $2,500,000 to $4,999,999.99… $2,712 $5,000,000 to $9,999,999.99… $3,447 $10,000,000 to 14,999,999.99… $4,866 $15,000,000 to $19,999,999.99… $5,818 $20,000,000 and over……………..$9,198 plus 0.00005 of any amount over $20 million (round to nearest whole dollar)
Amount of Liquidated Damages. 5.1. [*** full details of value of Liquidated Damages should be inserted here ***]
Amount of Liquidated Damages. 1. If the Job Order Contractor fails to achieve Substantial Completion of for that portion of the Work applicable to a particular Job Order on or before the Substantial Completion date set forth in the applicable Job Order Schedule, as adjusted, for any reason other than Excusable Delays, the Job Order Contractor shall pay to the City liquidated damages in the amount per Day as determined by the Maricopa Association of Governments specifications existing on the date this Contract is approved by the City Council (the “MAG Specifications”) for each Day Substantial Completion is delayed beyond the Substantial Completion date set forth in the applicable Job Order Schedule.
Amount of Liquidated Damages. 1. If the Construction Manager fails to achieve Substantial Completion of for that portion of the Work applicable to a particular GMP Proposal on or before the Substantial Completion date set forth in the applicable GMP Proposal, as adjusted, for any reason other than Excusable Delays, the Construction Manager shall pay to the City liquidated damages in the amount per Day as determined by the Maricopa Association of Governments specifications existing on the date this Agreement is approved by the City Council (the “MAG Specifications”) for each Day Substantial Completion is delayed beyond the Substantial Completion date set forth in the applicable GMP Amendment.
Amount of Liquidated Damages. The actual occurrence of damages and the actual amount of damages that FCSS would suffer if the Services are not performed in accordance with the applicable purchase order and the Contract are dependent upon many circumstances and conditions that could prevail in various combinations and, from the nature of the case, it is impracticable and extremely difficult to fix the actual damages. Damages that FCSS would suffer if Contractor refuses, fails, or delays performance of the required Services include, but are not limited to, cost incurred to provide alternative transportation services, disruption of the programs of FCSS and participating school districts, costs of administration, loss of funding due to student absence from school, and the loss suffered by FCSS, school districts, and students who use the transportation services that Contractor is required to provide under the Contract. Assessment of liquidated damages under this Section 2.4 shall in no way relieve Contractor of its obligations to provide spare vehicles and drivers sufficient to cover all interruptions in Service to FCSS due to failure of equipment or lack of personnel. Accordingly, the Parties agree that the amount stated below shall be the amount of damages that FCSS shall directly incur upon Contractor’s refusal, failure, and/or delay in performing the Services as required by the applicable purchase order and the Contract:
Amount of Liquidated Damages. 5.1 For each separate occasion where the Contractor is liable to pay the Customer Liquidated Damages in accordance with this Schedule the daily amount payable will be £●.
Amount of Liquidated Damages. Parties expressly acknowledge and agree that it would be difficult or impossible to determine with absolute precision the amount of damages that would be incurred by District as a result of Construction Manager’s failure to perform the Work in accordance with and within the time specified in this Agreement. The Parties accordingly agree, having taken into account all factors that they deem appropriate, including all of the respective rights and obligations under this Agreement, that liquidated damages are in lieu of actual damages and are the Parties’ reasonable estimate of fair compensation for the losses that are reasonably anticipated to be incurred by District from Construction Manager’s failure to timely perform in accordance with the Agreement, and do not constitute a penalty. The payment of liquidated damages (and, to the extent applicable, termination of the Agreement by District for default in accordance with the terms hereof) shall be Construction Manager’s sole and exclusive obligation and District’s sole and exclusive remedy with respect to the failure to timely perform in accordance with the guaranteed dates set forth in this Agreement.
Amount of Liquidated Damages. Applicable liquidated damages are the amounts established in the following schedule: Original Contract Amount Daily Charge Per Calendar Day $50,000 and under $868 Over $50,000 but less than $250,000 $882 $250,000 but less than $500,000. $1,197 $500,000 but less than $2,500,000 $1,694 $2,500,000 but less than $5,000,000 $2,592 $5,000,000 but less than $10,000,000. $3,786 $10,000,000 but less than $15,000,000. $4,769 $15,000,000 but less than $20,000,000. $5,855 $20,000,000 and over $9,214 plus 0.00005 of any amount over $20 million (Round to nearest whole dollar) The Engineer may approve adjustments to the liquidated damages amounts in accordance with the Construction Project Administration Manual (CPAM) provided all contract Citywide Sidewalk Improvements FM #: 436375-1-58-01 work is complete. FROM SECTION 9 (PARTIAL PAYMENTS).
Amount of Liquidated Damages. If the Design/Builder fails to achieve Substantial Completion of the Work on or before the date of Substantial Completion set forth in the Schedule, as adjusted, for any reason other than Excusable Delays, the Design/Builder shall pay to the Owner liquidated damages in an amount per Day as established in Section 108 of the MAG Uniform Standard Specifications for each Day the date of Substantial Completion is delayed beyond the date of Substantial Completion set forth in the Schedule. Payment of liquidated damages shall be made contemporaneously with the Owner's required payment to the Design/Builder at Substantial Completion, and such payments may, at the Owner’s election, be offset against each other. Notwithstanding such offset, the Design/Builder reserves the right to challenge its liability for liquidated damages pursuant to the dispute resolution procedures of this Agreement.
